584

LAWS OF MARYLAND.

be found and awarded by two or more judicious

persons to be appointed by a justice of the peace

for said county, the said persons to view the same

under oath and make return before the justice ot

the peace before whom they were appointed,

Damages —
how recovered

and the said damages to be recovered in the same

manner that is or shall be provided by law for the

recovery of small debts; provided, nevertheless,

upon the trial before any justice of the peace for

damages, at the instance of either party, it shall

be the duty of said justice of the peace to issue a

subpoena for witness as either plaintiff or defend-

ant may require.

SEC. 2. And be it enacted, That whenever joint

fences have or may be established in said part of

Hooper's Island, lying between the ferry or nar-

rows, and the thoroughfare in district number six

of Dorchester county, for the mutual benefit or

advantage of different owners or persons of adjoin-

Who to keep

ing lands, it shall be the duty of each party to

in repair.

keep up in good repair his, her or their just and

respective proportion thereof, in manner follow-

ing, that is to say: all post and rail or plank fence

shall be of the heights above prescribed, the

height in every case to be computed from the

ground or bank, if any embankment, upon which

said fence is or may be placed.

SEC. 3. And be it enacted, That if either of the

parties so making or keeping a joint fence shall

not comply with the foregoing provisions, and

shall refuse or delay to make or repair the said

fence within twenty days after notice in writing

shall be given to said party, his agent, overseer

or tenant, then, upon proof before a justice of the

Repairs— how

peace, it shall be lawful for the said justice of the

to be made.

peace, under his hand and seal, to authorize the

party aggrieved and suffering by such refusal or

delay, to make or repair the said fence as above

required, and for so doing, he, she or they shall

be reimbursed all costs and reasonable expenses

necessarily incurred, to be recovered from the

party so refusing or delaying, in the same manner

as debts of a like amount are now recoverable.

SEC. 4. And be it enacted, That in case joint

fences are not made and kept in repair according